SHARAD MANHARBHAI VARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant ­ Sharad Manharbhai Varia of Criminal Revision Application No.243 of 2017 has challenged the judgment and order dated 15/03/2017 below Exh. 29 passed by the Court of Additional Sessions Judge, CBI, Ahmedabad confirming the order dated 16/01/2015 passed by the learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad for the offence punishable under Section 120B read with Section 420 of the Indian Penal Code, 1860 with R.I. of three years and fine of Rs.50,000/ and in default of payment of fine, to undergo R.I for a period of five months. The applicant was also imposed Section 120B read with Section 465 of the Indian Penal Code, 1860 for R.I of one year with a fine of Rs.10,000/ and in default of payment of fine, to undergo R.I. for a period of one month. The applicant was also convicted under Section 20 and 25 of the Indian Telegraph Act, 1885 with R.I. imprisonment of one year and fine of Rs.10,000/ and in default of fine, to undergo R.I. imprisonment for a period of one month. It has been further ordered that sentences awarded shall run concurrently.

(2.) The applicant ­ Pratik Bhupendrabhai Mehta of Criminal Revision Application No.244 of 2017 has challenged the judgment and order dated 15/03/2017 below Exh. 28 passed by the Court of Additional Sessions Judge, CBI, Ahmedabad confirming the order dated 16/01/2015 passed by the learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad for the offence punishable under Section 120B read with Section 420 of the Indian Penal Code, 1860 with R.I. of three years and fine of Rs.50,000/ and in default of payment of fine, to undergo R.I for a period of five months. The applicant was also imposed Section 120B read with Section 465 of the Indian Penal Code, 1860 for R.I of two years with a fine of Rs.20,000/ and in default of payment of fine, to undergo R.I. for a period of two months. The applicant was also convicted under Section 20 and 25 of the Indian Telegraph Act, 1885 with R.I. imprisonment of one year and fine of Rs.10,000/ and in default of fine, to undergo R.I. imprisonment for a period of one month. It has been further ordered that sentences awarded shall run concurrently.

(3.) The brief facts of the case is that accused No.1 namely Nilesh Bhalla and accused No.2 Harsh Japee accompanied with the present applicants without obtaining permission from the Government, set up an illegal telephone exchange and operated VOIP (Voice Over Internet Protocol) and for operating the same had procured items like Cell Rocket, Router, Switch, Hub through imports in the name of Network Consultancy and mobile simcards from Cellforce Company. That the accused No.1 and 2 took internet service from the company of accused No.3 and 4 also added the same. Thus by running illegal telephone exchange, the accused persons have caused financial loss of Rs.2,35,48,989/ to the government bodies like DOT, BSNL and Rs.1,79,00,000/ to VSNL. After investigation in matter, charge sheet was filed on 26/10/2004 which was registered as CBI Criminal Case No.142 of 2004 in the Court of learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad (Rural). It is submitted that the learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad (Rural) was pleased to discharge the accused Nos.1 and 2 and charges were framed against accused Nos. 3 and 4 of the case and after trial the learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad (Rural) was pleased to convict the accused Nos. 3 and 4 and thereafter the Appeal being Criminal Appeal No.1 of 2015 and No. 2 of 2015 were filed challenging the said order. Thereafter, the Appellate Court (Special Judge CBI Court No.2) vide order dated 15/03/2017 below Exh. 28 and 29 confirmed the order passed by the learned Additional Chief Judicial Magistrate, CBI Court No.2, Ahmedabad (Rural) in CBI Criminal Case No.142 of 2004.